Rajasthan High Court
Garima D/O Gyansingh vs Daryav Singh Public School on 9 April, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:16853]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2915/2020
Garima D/o Gyansingh, Aged About 12 Years, Minor Through
Father Gyansingh S/o Late Deviram, R/o Pakka Bagh, Police
Station Mathura Gate, Bharatpur.
----Appellant
Versus
1. Daryav Singh Public School, Moti Mahal Road, Pakka
Bagh, Bharatpur Service Through Mantri (Secretary
(Secretary) Arvind Pal Singh S/o Daryab Singh, R/o N.c.c.
Campus, Krishna Nagar, Bharatpur, Presently R/o 47 A,
New Civil Line, Near Saras Hotel , Bharatpur (Owner Of
Vehicle Tempo No. Rj-05-Pa-1183)
2. Mahesh Chand Saini S/o Bhagwan Singh, R/o Pakka Bagh
, Achhnera Road, Police Station Mathura Gate, Bharatpur
(Driver Of Vehicle Tempo No. Rj-05-Pa-1183)
3. Bajaj General Insurance Company Ltd., O-12-A, Second
Floor, Ahinsa Circle , Jaipur (Insurance Company Of
Vehicle Tempo No. Rj-05-Pa-1183)
----Respondents
For Appellant(s) : Mr. Navankur Dubey
For Respondent(s) : Mr. Kartik Soti for Mr. Anshul Sharma
for respondent Nos. 1 and 2
Mr. C. S. Jodha with Mr. Rajdeep
Rathore for respondent No.3
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT :: 09/04/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimant-appellant (for short
'the claimant') dissatisfied with the judgment and award dated
21.08.2020 passed by the Motor Accident Claims Tribunal
Bharatpur (for short 'the Tribunal') in Claim Case No.285/2016
(Downloaded on 03/05/2024 at 09:13:42 PM)
[2024:RJ-JP:16853] (2 of 3) [CMA-2915/2020]
(263/2013) whereby the Tribunal has awarded a sum of Rs.
1,07,653/- along with interest @ 6% per annum from the date of
filing the claim petition as compensation in favour of the claimant.
The Tribunal on the basis of the pleading of the parties,
framed the issues and evaluated the evidence on record. After
hearing counsel for the parties, decided the claim petition of the
claimant and awarded the amount as indicated above.
Learned counsel for the claimant submits that the Tribunal
has committed an error in not considering the disability suffered
by the claimant in right perspective. Learned counsel for the
claimant further submits that the claimant suffered 41% disability
but the Tribunal has awarded very meager amount of Rs. 35,000/-
towards the permanent disability.
Learned counsel for the claimant has placed reliance on the
judgment passed by the Hon'ble Apex Court in the case of Master
Mallikarjun Vs. Divisional Manager, the National Insurance
Company Ltd. And Anr., reported in 1995 1 SCC 551.
Learned counsel for the respondents have opposed the
arguments advanced by the learned counsel for the claimant and
submitted that the Tribunal has rightly considered the disability
suffered by the claimant. Learned counsel for the respondents
further submitted that claimant suffered 29% permanent disability
and 12% temporary disability. Learned counsel for the
respondents also submitted that temporary disability suffered by
the claimant should not be considered. So, the appeal filed by the
claimant be dismissed.
I have considered the arguments advanced by learned
counsel for the claimant as well as learned counsel for the
[2024:RJ-JP:16853] (3 of 3) [CMA-2915/2020]
respondents and perused the judgment and award dated
21.08.2020 passed by the Tribunal.
The Hon'ble Apex Court in the case of Master Mallikarjun
(supra) has clearly stated that if the disability is above 10% and
upto 30% of the whole body then compensation of Rs. 3 Lakhs
should be awarded. So, in my considered opinion, the Tribunal has
committed error in granting only Rs. 35,000/- towards permanent
disability.
Thus, the judgment and award passed by the Tribunal is
modified and the claimant is entitled to get Rs. 3,00,000/- instead
of Rs.35,000/- under the head of permanent disability. The
amount awarded by the Tribunal under other heads shall remain
the same. Thus, the amount of compensation receivable by the
claimant comes to Rs. 3,72,653/- instead of Rs. 1,07,653/- as
awarded by the Tribunal. The Insurance Company is directed to
deposit enhanced amount of Rs. Rs.2,65,000/- (Rs. 3,72,653 - Rs.
1,07,653) with the Tribunal within a period of two months from
the date of receipt of a certified copy of this order. On deposition
of the said amount, the claimant shall be entitled to withdraw the
same. The enhanced amount shall carry @ 6% interest per
annum from the date of filing of claim petition till the actual
payment is made.
Thus, the appeal filed by the claimant is partly allowed.
Rest part of the impugned judgment passed by the Tribunal
shall remain unchanged.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Ritu/45
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